Any discharger who experiences an upset in operations which causes an unintentional and temporary state of noncompliance with this chapter because of factors beyond the reasonable control of the user shall inform the Director within twenty-four hours of first awareness of the upset. For the purposes of this section, "upset" means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
Where such information is given orally, a written follow-up report thereof shall be filed by the discharger with the Director within five days which specifies:
(a) A description of the upset, the cause of it and the impact on the discharger's compliance status.
(b) Duration of noncompliance including exact dates and times, and the time compliance is expected to occur.
(c) Steps taken or which will be taken to reduce, eliminate and prevent reoccurrence of the upset.
A documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the City against a discharger for any noncompliance with this chapter which arises out of violations alleged to have occurred during the period of the upset.
Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.